Friday, March 23, 2007

Hate it when this happens

A couple can proceed with a lawsuit against a fertility clinic they filed after the wife gave birth to a daughter whose skin they thought was too dark to be their child, a judge has ruled.

Thomas and Nancy Andrews, of Commack, New York, sued New York Medical Services for Reproductive Medicine, accusing the Manhattan clinic of medical malpractice and other offenses. They claim the Park Avenue clinic used another man's sperm to inseminate Nancy Andrews' eggs.

Three DNA tests — a home kit and two professional laboratory tests — confirmed that Thomas Andrews was not the baby's biological father, state Supreme Court Judge Sheila Abdus-Salaam quoted the couple as saying.

The couple says that they have been forced to raise a child who is “not even the same race, nationality, color ... as they are,'' the judge said in the ruling. ....The judge found Carlo Acosta, the non-physician embryologist who processed the egg and sperm for creation of an embryo, also could be held liable.